Educating Young People about the Constitution

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Presidents and the Constitution

The President as Chief Diplomat

George Washington and Jay’s Treaty

Presidents and the Constitution Resources

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“The President shall have the power, by the advice and consent of the Senate, to make treaties, provided 2/3 of the Senators present agree.” Article II, section 2.

But what does “advice and consent” mean? And how has it come to pass that Presidents negotiate treaties and the Senate merely approves them. Is that right? Who should really have the power to make treaties?

Directions: Read Gleaves Whitney’s Essay on pages 94-96. Underline or highlight the facts you think are important.

Constitutional Connection Activity

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The President as Chief Diplomat

George Washington and Jay’s TreatyCritical Engagement Question

How did the actions of President George Washington with respect to Jay’s Treaty of 1795 define the role of the President as Chief Diplomat?

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George Washington and Jay’s TreatyObjectives• Understand the issues at

stake in Jay’s Treaty.• Trace President

Washington’s application of constitutional principles to Jay’s Treaty

• Evaluate the significance of Washington’s actions in establishing precedent in treaty making.

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Background/Homework

Handout A: George Washington and Jay’s Treaty

1. Why did Washington consider whether it was constitutional for Jay to negotiate a treaty with the British?

2. Why did Jay know that the treaty would stir much controversy at home?

3. Why do you think Washington required the Senate to debate the treaty in secret? Was this decision correct?

4. Why do you think Washington approved the treaty even though it failed in some significant respects? 6

George Washington and Jay’s Treaty

Warm-Up

• Imagine you are an American in July of 1795. You are about to hear some news reports from around the nation at that time.

• Dramatically read the press slips on Handout B: Setting the Scene

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George Washington and Jay’s Treaty

Activity

• Complete Handout C: George Washington’s Message to the House • Complete Handout D: Vocabulary and Context Questions and answer the questions.• After each paragraph, discuss what constitutional principles Washington is referring to in his message. • Re-write the paragraph in your own words in the margin or on a separate piece of paper.

John Jay

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George Washington and Jay’s Treaty

Wrap UpDiscuss the following questions:1. Was Washington right to have the

Senate debate Jay’s Treaty in secret?

2. Was Washington correct to refuse the House’s request for documentation?

3. Was secret deliberation, as some charged at the time, contradictory to the principle of republican government?

4. Was the secret debate necessary for national security?

5. What kinds of information does the President typically keep secret today -- from the other branches of government? -- from the American people?

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George Washington and Jay’s Treaty

HomeworkA. Create a fictional one-act play

in which you compose a dialogue that might have taken place between Washington and the Speaker of the House.

B. Read Washington’s entire message to Congress, and write a paragraph summarizing his justifications for secrecy. The document can be found by Googling: “Washington's message Jay Treaty”

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George Washington and Jay’s Treaty